ALJDEC decisions subject to certification as final

2017A-852-CHC-ROC · Registrar of Contractors · 2017-05-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Susan Finsterer,

COMPLAINANT,

v.

Bray and Roth LLC

DBA: Shuttercrafters,

License No: 223554

RESPONDENT.

No. 2017A-852-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 19, 2017

APPEARANCES: Scott Bray appeared on behalf of Respondent Bray and Roth LLC doing business as Shuttercrafters. Investigator John Smith appeared on behalf of the Registrar of Contractors. Complainant Susan Finsterer did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Complainant failed to appear at the hearing. Investigator John Smith indicated he had spoken to Complainant two days prior and confirmed she was intending to attend the hearing. While waiting, Investigator Smith contacted Complainant who related that her alarm clock had not gone off and she would be unable to arrive for the hearing for at least one hour.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s complaint be dismissed.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification.

Done this day, May 19, 2017

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors